I think in this case, the ideas BEHIND the monument are what's really at issue.
I was always annoyed when athiests succeed in taking down nativity scenes on Christmas, because it implied that they were right, they were in control, and the hell with freedom of religion and speech. I mean, come on! It's a little manger with a little baby and some wise men and some sheep and cows. If that offends you, you've got issues - ignoring the obvious thought that you could just NOT LOOK AT IT! But in those cases, the nativity scene is just that - a nativity scene. We're not moving to a theocracy, it's just a decoration. If the pagans want to put up a Christmas display, let them, I say! That is always a case of pettiness, and everyone knows it, but don't have time to fight those pathetic people, because they have actual jobs, and families.
But when you look at this Judge Moore, the guy looks deranged! This really, really doesn't fit into the category of a simple manger scene, or little Ten Commandments plaque on the wall. When the manger scene is taken down, people get over it! This guy is so gung ho behind this, and that monument is so damn big, and his supporters are so inflamed, you know there's something more to this. This seems like a case where religion WILL start becoming part of law, even to those who don't subscribe to his beliefs. THAT'S why people are telling this guy to chill out. And the fact that he's not is why people are worried.
Imagine if a pagan, or an athiest was charged with a crime. Would they get the same Justice with Judge Moore that they would receive from a judge who living in the real world? Hell no! That's what's at issue here. If two people are fighting a case, and one committed adultrey, will that come into play even though that has no relevence to the case? It's written on the plaque. Of course our laws are based on the commandments, but because we are a free country, believing in God only applies to those who choose to believe in Him. Being envious of your neighbor or having an affair isn't illegal. But under the Ten Commandments, it is.
As an example, that would apply to us, imagine that some prude is trying to "moralize" their town, and Jeff is operating the forum from that area. Jeff is brought before that nut job, and the Judge Moore says, "So, you're running a pornographic website, are you, you filthy, sinful heathen!" Jeff's like "Uhh, it's just an innocent tickling forum, there's nothing pornographic about it.." "I'll decide what's offensive!" and he yanks open the law books to find the maximum sentence for him that he can create. Another judge wouldn't even hear the case, it's so frivilous.
Now, this is a ridiculous example, of course, it won't happen, but that's what people will fear with this whole commandment thing. They'll have to join that guy's church if they want a lenient sentence, or to win that case. I think there's more to this whole thing that just a big hunk of stone...